Terms of Use

Welcome to the Big Deals web page of www.barrie.tv (the "Site"), which is owned by Barrie.tv Inc. The sales operation of the Site is provided and managed by Venmark Digital Marketing Inc. Barrie.tv Inc. and Venmark Digital Inc. (hereinafter collectively referred to as "Big Deals") are operating as a joint venture, and not a partnership, to provide this interactive service site to end users.

1. Acceptance of Terms and Conditions

The service allows users to purchase gift certificates ("Gift Certificate" or "Gift Certificates") from third party merchants (the "Merchant" or "Merchants") for the purpose of redeeming the Gift Certificate for goods and/or services. This service is provided to you pursuant to the terms and conditions set out herein and incorporates, by reference, the Site's Terms of Sale, Privacy Statement, FAQs and any operating rules or policies that may be published by Big Deals from time to time (collectively the "Aggregate Terms").

  1. By using the Site, you accept the Aggregate Terms. If any of the Aggregate Terms are not acceptable to you, discontinued access to and/or use of the Site is required. Big Deals reserves the right to change any or all of the Aggregate Terms at any time and hereby notifies users of the Site by posting an updated version of the Aggregate Terms on the Site. No other changes to the Aggregate Terms will be effective or enforceable against Big Deals. You agree to review changes to the Aggregate Terms and if any change is not acceptable to you, you agree to immediately terminate use of and/or access to the Site. Your continued use of the Site after the effective date of any such change constitutes your acceptance of the changes. It is recommended that you review the Aggregate Terms periodically to ensure continued agreement to and compliance with such terms.
  2. The use of the Site, pursuant to this agreement, is being offered only to natural persons age 18 or older or to persons under the age of 18 (a "Child") if supervised by a parent or guardian, in which case the parent or guardian accepts the Aggregate Terms. By accepting the terms of this agreement, you are representing and warranting to Big Deals that you are age 18 or older or you are the parent or legal guardian of the user who is a Child. You agree to be financially responsible in respect of any transactions carried out through the Site (as well as for use of your account and log-in information by others, including without limitation, a Child). If any information provided to us is found to be inaccurate or misleading, then we may, at our sole discretion, terminate your right to use the Site.
  3. By agreeing to the Aggregate Terms, you expressly agree not to:
    1. modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the content of the Site or permit others to do so;
    2. by-pass, defeat or disable any feature or function of the Site;
    3. copy Site content or any part thereof;
    4. remove or modify any proprietary notices or labels contained on the Site;
    5. use the Site other than for its intended purpose.

2. Privacy Policy

Big Deals' privacy policy (the "Privacy Policy") provides a detailed description of our information gathering and privacy policies and practices. The Privacy Policy forms part of this agreement and is incorporated by reference. Please review our Privacy Policy

3. Intellectual Property Rights

You acknowledge that the data, information and/or content including but not limited to text, software (including any HTML, WML, java, java script or any other computer code or source code), music, sound files, photographs, logos, designs, graphics, and other content used in connection with, incorporated or contained in or presented to you through the Site (collectively, the "Site Content") are the proprietary property of Big Deals or its licensors and are protected by intellectual property laws, including but not limited to copyright and trade-mark laws. All rights to the Site Content are expressly reserved.

No part or parts of the Site or Site Content herein may be reproduced, distributed, republished, commercially exploited, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without Big Deals' prior written permission provided that permission is granted to download and print the materials on the Site for personal, non-commercial use only, provided that you do not modify the materials in any way whatsoever. Big Deals retains all copyright and other proprietary notices contained in the Site Content. You may not, without our written permission create derivative works from the Site Content or insert a hyperlink to the Site on any other website or "mirror" any material contained in the Site on any other server. Further, you agree not to use the Big Deals name or any other trade mark, name or logo belonging to or used by Big Deals in any way, including in advertising or publicity pertaining to distribution of materials, without our prior written permission.

4. Limited Licence

By accessing and using the Site, you acknowledge that Big Deals has issued a limited, non-sublicencable licence to view, provide information and print portions of the Site Content for your personal, non-commercial use. Nothing in or on this Site shall be construed as conferring any licence to intellectual property rights. Said licence shall be revoked if any of the Aggregate Terms is violated. You represent and warrant that use of the Site and Site Content will be consistent with this licence, will not infringe the rights of any third parties, breach any contract or violate any legal obligations or applicable laws. The licence is revocable at any time and in the sole discretion of Big Deals. You agree to indemnify and hold harmless Big Deals, its officers, directors, employees and agents from and against any claims, actions or demand, including without limitation, reasonable legal and accounting fees, alleging or resulting from use of the Site or your breach of the Aggregate Terms.

5. User Conduct

You agree that the Site shall only be used for lawful purposes and in a lawful manner. You further agree that you shall conduct any activity relating to the Site in good faith.

You are encouraged to share your comments and questions with us and other users, provided such content is for lawful purposes only. The Site provides an interactive component that includes forums, bulletin boards, or other message facilities (collectively "Forums"). You are solely responsible for the content you post on, in or to the Forums. You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, but without limitation, you agree that when using a Forum, you shall not do any of the following:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
  3. Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  4. Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another computer.
  5. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  6. Falsify the origin or source of software or other material contained in a file that is uploaded.
  7. Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
  8. Download any file posted by another user of a Forum that you know, or reasonably know cannot be legally distributed in such manner.
  9. Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
  10. Advance views of a political or religious nature;
  11. Expose Big Deals or its affiliates or users to any harm or liability of any kind;

You acknowledge that all Forums are public and not private communications and that Big Deals assumes no responsibility or liability for any statements, representations or content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor will Big Deals be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may be exposed to on the Site.

Further, you acknowledge that chats, postings, conferences and other communications by other users are not endorsed by Big Deals and such communications shall not be considered reviewed, screened or approved by us. We reserve the right for any reason to remove without notice any contents of the Forums received from users, including without limitation, bulletin board postings. We reserve the right to deny in our sole discretion any user access to the Site or any portion thereof without notice. Any violation of the foregoing may result in termination or suspension of your rights to use the Forums and/or the Site.

In order to comply with court orders and/or the requests of governmental authorities or to protect the integrity and operation of the Site, its customers and/or its business operations, Big Deals may access and disclose any information we consider necessary or appropriate, including without limitation, user profile information (e.g., name, email address), IP addressing and traffic information, usage history, and posted content, and you hereby acknowledge such right and consent to any such disclosure. Big Deals' rights to disclose such information shall govern over any terms of its Privacy Policy.

6. User Submissions and Communication

  1. We encourage you to share your comments and questions with us and other users. We promise to read all the mail you send to us, but we may not be able to respond to all correspondence. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Big Deals programs. Also, please remember that you are responsible for whatever material you submit, and that you, and not Big Deals, have full responsibility for the message, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Big Deals. By posting communications to the Site, you automatically grant Big Deals a royalty-free, perpetual, irrevocable non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicence such rights through multiple tiers of sublicencees.
  2. By emailing us and/or posting a message to the Site, you agree to have it along with your name posted for public viewing both here and in other Big Deals promotional and advertising materials without compensation. All messages that are posted here represent the opinions of other Big Deals users and do not represent the ideas or opinions of Big Deals. You may copy them as much as you like for personal use, but redistribution in any way requires our written permission.

7. User Information and Security

You are solely responsible for maintaining the confidentiality of your password, if any, and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Big Deals of any unauthorized use of your account or any other breach of security known to you.

You agree to provide current, accurate and complete information (the "User Information") as may be required for the accurate and timely processing of any and all online purchases you make through the Site. Furthermore, you accept all risks of unauthorized access to the User Information and any other information you provide to us.

8. Interruption to Site's Services

While Big Deals endeavours to make all reasonable efforts to make the Site available to users 24 hours per day, 7 days a week, Big Deals shall assume no responsibility or liability in respect of the loss of data during transmission over the Internet as a result of interruptions beyond our control or due to down-time caused by routine maintenance. You acknowledge that from time to time, use of the Site may be interrupted as a result of circumstances, whether or not within our control.

9. Participation in Advertisements and Promotions

You may enter into correspondence with or participate in promotions of third party advertisers showing their products and services on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions other than with Big Deals, are solely between you and the respective advertiser. Big Deals assumes no liability, obligation or responsibility for any part of any such correspondence, promotion or transaction.

10. Disclaimers of Warranty

  1. THE SITE OR SITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BIG DEALS MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE CONTENT OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE AND THE SITE CONTENT. THE USE OF THE SITE AND THE SITE CONTENT IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SITE AND MAY BE MADE AT ANY TIME.
  2. BIG DEALS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS. IF THE USE OF THE SITE OR THE SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BIG DEALS IS NOT RESPONSIBLE FOR THOSE COSTS.
  3. BIG DEALS MAKES NO WARRANTIES AS TO THE COMPLETENESS, TIMELINESS OR ACCURACY OF ANY OF THE DATA CONTAINED AT THIS SITE. THE SITE CONTENT AND THAT OF THE MICROSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE". BIG DEALS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE AND ANY IMPLIED WARRANTITES OR CONDITIONS OF MERCHANTABILTIY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT.
  4. THE DISCLAIMER OF WARRANTY APPLIES TO DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

11. Limitations of Liability

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BIG DEALS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITIHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE SITE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIG DEALS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BIG DEALS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDNIG NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BIG DEALS FOR ACCESS TO OR USE FO THE SITE.

12. Indemnity

You agree to defend, indemnify, and hold harmless Big Deals, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (i) your access to and use of the Site (including software), (ii) your violation of any of the Aggregate Terms; (iii) your violation of any third party right, including without limitation, any copyright, property, trademark or privacy right; or (iv) any claim that the content you have submitted to the Site resulted in damage to a third party.

13. Links/No Endorsement

The Site contains links to and frames of sites that are not maintained by Big Deals. While we endeavour to include only links to or frames of those sites which are in good taste and safe for our users, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames on the Site does not imply our endorsement of the linked or framed sites or their content.

14. Severability

The invalidity or unenforceability of any provision of this agreement shall not affect the validity and enforceability of any other provision of this agreement and any such invalid or unenforceable provision shall be deemed to be severable. Big Deals' failure to enforce any provision of this agreement shall not be considered a waiver of the right to enforce such provision. Our rights under the agreement shall survive any termination of the agreement.

15. Headings

The section headings used in this agreement are for convenience of reference only and do not form a part of the agreement, and no construction or inference shall be derived therefrom.

16. Choice of Law

The Site is operated by Big Deals from its offices in Barrie, Ontario. The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or the user's domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement. Except as prohibited by applicable law, you hereby agree to waive any right to commence or participate in any class action against Big Deals related to any claim arising from use of the Site.

If you access the Site from a jurisdiction outside of Ontario, Canada, you must comply with the laws of that jurisdiction and you agree to indemnify Big Deals for your failure to do so.

17. Entire Agreement

The terms and conditions set forth above constitute the entire agreement between you and Big Deals relating to the subject matter of this agreement, and supercede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.

18. Assignment of Rights

You may not assign or transfer any rights or obligations arising from any of the Aggregate Terms of this agreement to any party without the prior written consent of Big Deals and any such attempt to do so will be unenforceable. Big Deals reserves the right to assign any or all of its rights herein to any party without your consent.

19. Termination/Changes to Site

Big Deals reserves the right to immediately terminate any or all of the Aggregate Terms ("Termination"), and/or your access to and use of the Site or any portion thereof, at any time and within our sole discretion, without notice to you. Upon Termination, your right to use the Site shall immediately cease. Big Deals reserves the right to bar your future access to and use of the Site. You agree that Big Deals shall not be liable to you or any third party for any such Termination or future denied access.

20. How to Contact Us

If you have any questions relating to this agreement or use of the Site, please contact us at:

info@venmark.ca or calling 705 725-2866 or 1 800 213-1895.

Terms of Sale

Gift Certificate Purchases from Merchants

The Site provides users with an opportunity to purchase and print value-added promotional Gift Certificates for products and services from third party Merchants with time limits and conditions. The Merchants establish the conditions and restrictions that apply to the particular products/services they offer and those conditions will be printed on the Gift Certificate.

In order to purchase a Gift Certificate through the Site, you will need to create a personal account on the Big Deals web page ("Your Profile") in which you will be asked to include contact and financial information for the purpose of processing your transaction.

You will have the option of receiving e-mail alerts so that you may receive notices from us about future deals that will be offered through the Site. If at any time you wish to discontinue receiving communication from us, you may unsubscribe from our e-mail alert list.

How to make a "Big Deal"

In order to purchase a Gift Certificate, you must select, offer and accept to purchase the "Big Deal" on the Site by following the appropriate prompts. The Big Deal is only available if enough users elect to purchase it. Once a sufficient number of users have offered to purchase the particular deal, it becomes activated. In other words, "THE DEAL IS ON". You will then receive an email confirmation indicating that the deal is set and also containing a copy of the terms and conditions that apply to the deal. At this point, your credit card will be charged the amount you agreed to pay for the deal.

Once the time or quantity limit on the particular deal has expired or sold out (as the case may be), you will then receive an email from us confirming that you can print your Gift Certificate(s) in order to use them.

If an insufficient number of users offer to purchase the deal, the deal will not activate, in which case you incur no charges and you waive all claims for damages or lost opportunity arising from the initial conditions not being satisfied.

Disclaimer of Warranty and Limitations of Liability

Big Deals does not guarantee, warrant or endorse any product or service purchased through a Gift Certificate, nor do we assume any liability or responsibility for the quality or performance of any product or service offered by the Merchant. Any question, dispute or claim you may have regarding any such product or service should be addressed directly with the responsible Merchant. Each Merchant is responsible for establishing, explaining and enforcing its individual terms, conditions and other policies applicable to its products/services. Big Deals will not be responsible for damages arising from the transactions between you and any Merchant and in no event will Big Deals be liable to you or any third party in connection with any act or omission of any Merchant.

By participating and purchasing a Gift Certificate at the Site, you do so at your own risk. Big Deals will not be responsible for any action, harm, illness, damage or claim arising from the use of the Site or the use or performance of any product/service or any costs due to injury or liability suffered in whole or in part by the user that the Merchant may have caused. The Merchant represents the product/service described on the Gift Certificate and is therefore fully responsible for all terms, conditions, representations and warranties whether or not the Gift Certificate is redeemed.

The Big Deal Gift Certificate

Each Gift Certificate contains a "paid value" and a "promotional value". The paid value represents the amount you have agreed to pay for the goods/service. This value is refundable, unless otherwise stipulated by the Merchant. The promotional value is the additional amount realized when the Gift Certificate is presented to the participating Merchant. For example, in the case of a Merchant selling a restaurant Gift Certificate for $50 (valued at $75) the paid value is $50 and the promotional value is $25. These two values are combined to make up the promotional offer as a Gift Certificate. When you redeem the Gift Certificate, the paid value portion is first applied and in the event that you exceed the paid value portion, then the promotional value, which is remaining, is then applied. The promotional value portion has no cash value and cannot be carried forward.

Conditions

The following conditions apply to all Gift Certificates:

Refund Policy

We ask that you address any concerns about the product/service with the responsible Merchant. However, we want your experience with Big Deals to be a positive one. Therefore, any requests for refunds will be handled on a case-by-case basis. Please contact us at info@venmark.ca or by calling 705 725-2866 or 1 800 213-1895.



 

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